Can the evidence be notarized?

Legal objectivity:

Notaries enjoy considerable discretion in identifying evidence. As mentioned above, the burden of proof for notarization lies with the notarization applicant and is borne by the notary. Unilaterally make the final judgment on the evidence. Therefore, as a legal service organization, the notary institution should be responsible for the applicant and protect the legitimate rights and interests of the applicant. At the same time, its own behavior should prevent the abuse of power. Therefore, the relevant provisions for the identification of notarized evidence are set. General standards appear to be quite important. (1) Subject standard The so-called subject standard means that the notarization applicant must have supporting materials to prove that it meets the requirements of the notarization parties in Article 9 of the "Rules of Notarization Procedure", that is, to apply for notarization to the notary institution in its own name, and to apply for notarization. There is a legal stake. Since notarization activities are based on the applicant's application, the certification materials provided by the applicant first can generally prove that the applicant is a qualified party that meets the regulations. For example, when accepting an applicant's request for notarization of evidence preservation of text messages stored in a mobile phone, the applicant should first provide evidence to prove that the mobile phone and mobile phone number are legally owned by the applicant, such as providing the invoice for purchasing the mobile phone and the phone bill account. Relevant certificates from the telecommunications department, etc. (2) Substantive and procedural standards The so-called substantive and procedural standards mean that the evidence provided by the applicant should be based on legality and authenticity. Although authenticity, legality and adequacy are co-ordinated in Article 27 of the Notary Law, as mentioned in the first part of this article, only the evidentiary materials used to determine the facts can be called evidence, and legality and authenticity should be the notarization agency The prerequisite for determining whether the evidence is sufficient is that the evidence should be legal and true. Considered from another perspective, no matter how sufficient and complete the certification material is on the surface, if it is false or illegal, then it cannot become the basis for the notarization agency to issue a notarization. In addition to considering whether the certification materials are substantively legal, we also need to confirm the legality of the applicant's procedures or methods for obtaining the certification materials. Especially today, when procedural justice is emphasized, we should also focus more on the applicant's procedures for obtaining the certification materials. In terms of legality, if we learn that the applicant’s process of obtaining materials is illegal, we should refuse to notarize it. The authenticity of proof materials can be divided into objective truth and legal truth. The former refers to understanding things as they are, and the understanding is consistent with the objective actual situation; while the latter is a fact recognized from a legal perspective. Objective truth is always the perfect goal we pursue, but it is not the only value orientation, and it may also be a state that is difficult to fully achieve. The notary's determination of the authenticity of the certification materials should also be based on legal facts and should not be limited to purely objective facts. For example, when handling the notarization of will and inheritance rights, the party concerned provides a notarized will and another unnotarized will with different contents, but it was made later than the notarized will. Then, we can only handle the inheritance rights based on the notarized will. Notarization, because the notarized will reflects the legal truth, and the objective truth may be the will of the testator reflected in the later will. (3) Sufficient standard The so-called sufficient standard means that the certification materials provided by the applicant can sufficiently prove the notarization matters in the notarization deed, and there is no contradiction between the various certification materials, they corroborate each other, and they can form a complete chain of evidence.